Sudhir Kumar Rai @ Sudhir Rai @ Sudhir … vs The State Of Bihar on 14 May, 2025

Patna High Court – Orders

Sudhir Kumar Rai @ Sudhir Rai @ Sudhir … vs The State Of Bihar on 14 May, 2025

Author: Khatim Reza

Bench: Khatim Reza

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8234 of 2025
                    Arising Out of PS. Case No.-49 Year-2023 Thana- MAHILA P.S. District- Samastipur
                 ======================================================
                 Sudhir Kumar Rai @ Sudhir Rai @ Sudhir Kumar, aged about 32 years,
                 Male, son of Late Ramanand Ray, resident of village- Chakwa, Ward No. 8,
                 P.S.- Sarairanjan, Distt.- Samastipur. At present resident of village- Hasanpur,
                 Jitwarpur Nijamat, Ward No. 16, P.S.- Muffasil, Distt.- Samastipur
                                                                                ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar,
           2.     Khushboo Devi, aged about 35 years, wife of Late Vijay Sharma, rsident of
                  Village- Jitwarpur, Ward No. 16, P.S.- Muffasil, Distt.- Samastipur
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Pramod Kumar Singh, Advocate
                 For the State           :        Mr. Shantanu Kumar, APP
                 For the OP No.2         :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   14-05-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State. Nobody appears on

behalf of the opposite party no.2.

2. The petitioner seeks bail in connection with Mahila

PS Case No.49 of 2023 dated 17.06.2023, instituted for the

offence punishable under Sections 354, 354-B, 341/34 of the

Indian Penal Code ad Sections 8, 12 of the Prevention of

Children from Sexual Offences Act.

3. The prosecution case, in short, is that the daughter

of the informant, aged abut 10 years used to go to Margdarshan

Academy, Hassanpur, Jitwarpur, for study. On the alleged date
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of occurrence, the petitioner, who is the Principal of

Margdarshan Academy, called her and took her in a room with

mustard oil for massaging. Thereafter, the petitioner closed the

room from inside and started indecent behaviour with her. The

victim started weeping and them the room was opened. She

came to house and told about the same to the family memebrs.

All the teachers fled away from there and the land-lord did not

provide the Aadhar card of the teachers.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has been falsely implicated in this

case due to village politics. The date of occurrence is

08.06.2023 but the FIR has been lodged on 17.06.2023 i.e. after

the delay of nine days without any plausible explanation for the

same. Further submission is that the informant has stated in the

FIR that the petitioner called her daughter, took her in a room

and molested her but the victim in her statement under statement

under Section 161 and 164 of the Code of Criminal Procedure,

has stated that the petitioner had confined her in a room and laid

down on the bed and did some unwarranted activities. It is also

submitted that there is vast discrepancy in the statement made

under Section 161 and 164 of the Code of Criminal Procedure.

It is further submitted that during investigation the independent
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witnesses have stated that on 08.06.2023 some persons of the

locality including the family of the victim had entered into the

Coaching Centre and they assaulted one teacher Vikash Kumar

and demanded rangdari and also damaged the property of the

Coaching Centre and thereafter this false case has been lodged.

Further submission is that the petitioner filed an application

before the Muffasil PS but the police did not register the case

and thereafter the petitioner sent the application to the SHO,

Muffasil PS, Dy. SP, Samastipur and the Superintendent of

Police, Samastipur on 17.06.2023 through speed post. It is also

submitted that the statement of several independent witnesses

have been recorded in the case diary in paragraph nos. 101, 102,

103, 104 and they have denied the allegation levelled against the

petitioner. It is also submitted that the petitioner is running the

Coaching Centre in the house of Dharmendra Baitha for the last

five years and some local people including the uncle of the

victim used to extort money and on 08.06.2023 uncle of victim,

Manoj Sharma came in the Coaching Centre with deadly

weapon along with others and assaulted one of the teacher,

Vikash Kumar, and damaged the property as well as looted the

money for which Samastipur Muffasil PS Case No.344 of 2023

dated 19.07.2023 was lodged under Sections 341, 323, 384, 427,
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379, 504, 506 of the Indian Penal Code. Lastly, it is submitted

that the petitioner is in custody since 24.12.2024 having no

criminal antecedents. Charge-sheet has been submitted in the

case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs. 10,000/- (ten thousand) with two sureties of the like amount

each to the satisfaction of the Additional Sessions Judge VI cum

Special Court (POCSO Act), Samastipur, in Mahila PS Case

No.49 of 2023.

7. The application stands allowed.

(Khatim Reza, J)
J. Alam/-

U      T